2007/02/13 City Council Resolution 2007-21RESOLUTION NO. 200721
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING AGREEMENT WITH SIERRA PROPERTY HOLDINGS, LLC REGARDING
VINTAGE POINT CONDOMINIUM CONVERSION NOTICE TO TENANTS
1399 E. COTATI AVE (APN 143- 340 -020)
WHEREAS, the Vintage Point II tentative map was approved on August 12, 2004, by the City of
Rohnert Park Planning Commission by PC Resolution No. 2004 -35; and
WHEREAS, Government Code section 66427.1 requires that a subdivider satisfy the following
requirements before obtaining a condominium map:
1) Provide written notice of subdivider's intent to convert at least 60 days prior to the filing of a tentative
map pursuant to Section 66452;
2) Provide each tenant with 10 days' written notification that an application for a public report will be
submitted to the Department of Real Estate, and that such report will be available on request;
3) Provide each of the tenants of the proposed condominium, community apartment project, or stock
cooperative project with written notification within 10 days of approval of a final map for the conversion;
4) Provide each of the tenants of the proposed condominium project with 100 days' written notice of
intention to convert prior to termination of tenancy;
5) Provide each of the tenants of the proposed condominium project with notice of an exclusive right to
contract for the purchase of his or her respective unit upon the same terms and conditions that such unit
will be initially offered to the general public or terms more favorable to the tenant;
WHEREAS, subdivider cannot provide written notice of subdivider's intent to convert at least 60
days prior to the filing of the tentative map, because subdivider obtained a tentative map before there were
tenants; and
WHEREAS, Subdivider has agreed to comply with the remaining requirements of Government Code
section 66427.1 in the "Agreement Between City of Rohnert Park and Sierra Property Holdings, LLC
Regarding Vintage Pointe Condominium Conversion Notice To Tenants" attached as Exhibit A to this
resolution and incorporated by reference.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that it
does hereby authorize and approve the Agreement between City of Rohnert Park and Sierra Property
Holdings, LLC Regarding Vintage Point Condominium Conversion Notice To Tenants.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute
documents pertaining to same for and on behalf of the City of Rohnert Park.
DULY AND REGULARLY ADOPTED this 13`x' date of February, 2007.
ATTEST:
CITY OF ROHNERT PARK
000 Mayor
o�"VR' N,
BREEZE: AYE MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK- MARTINEZ: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
AGREEMENT BETWEEN
CITY OF ROHNERT PARK AND SIERRA PROPERTY HOLDINGS, LLC.
REGARDING VINTAGE POINT CONDOMINIUM
CONVERSION NOTICE TO TENANTS
WHEREAS, the owner of the Vintage Point Property, Sierra Property Holdings, LLC
( "Subdivider ") received.approval from the City of Rohnert Park ( "City ") for a tentative map
on August 12, 2004 for the subdivision of housing units at 1399 E. Cotati Ave, Rohnert Park
( "Vintage Point Project "); and
WHEREAS, Subdivider has requested a final map from the City for the Vintage Point
project; and
WHEREAS, the state Subdivision Map Act requires notification to tenants in the event
apartments are converted to condominiums; and
W I ERFAS, tenants moved into the Vintage Point Project after Subdivider's tentative map
approval but before final map approval; and
WHEREAS, the City and Subdivider wish to document Subdivider's agreement to comply
with the tenant notification requirements of the state Subdivision Map Act (Gov. Code §
66427.1);
NOW, THEREFORE, the City and Subdivider agree as follows:
Because a tentative map for a condominium subdivision was filed before there were any
tenants, Subdivider has not provided written notification of intention to convert at least
60 days prior to the filing of a tentative map pursuant to Section 66452. However,
Subdivider will provide each tenant of a unit in the Vintage Point Project with all
applicable notices and rights now or hereafter required by Chapter 3 of the state
Subdivision Map Act (commencing with Government Code Section 66451).
2. Subdivider will provide each tenant with 10 days' written notification that an application
for a public report will be submitted to the Department of Real Estate, and that such
report will be available on request.
Subdivider has, or will, provide each of the tenants of the proposed condominium,
community apartment project, or stock cooperative project, with written notification
within 10 days of approval of a final map for the proposed conversion.
4. Subdivider will provide each of the tenants of the proposed condominium project with
180 days' written notice of intention to convert prior to termination of tenancy. The
requirements of Government Code Section 66427.1 shall not alter or abridge the rights or
obligations of the parties in performance of their covenants, including, but not limited to,
the provision of services, payment of rent or the obligations imposed by Sections 1941,
1941.1, and 1941.2 of the Civil Code.
Subdivider has, or will provide each of the tenants of the proposed condominium project
with notice of an exclusive right to contract for the purchase of his or her respective unit
upon the same terms and conditions that such unit will be initially offered to the general
956069v180078/0012
public or terms more favorable to the tenant. The right shall run for a period of not less
than 90 days from the date of issuance of the subdivision public report pursuant to
Section 11018.2 of the Business and Professions Code, unless the tenant gives prior
written notice of his or her intention not to exercise the right.
6. For purposes of this Agreement, the terms "tenant" and "tenants" means tenants lawfully
in possession of a unit at the subject property on the date of approval of the final map.
7. If Subdivider breaches this Agreement, City will utilize any remedies available under
Government Code Sections 66410 and following.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
set forth above.
CITY:
SIERRA P"FX`Y HOLDINGS, LLC.:
CITY OF ROHNERT PARK, By:
a municipal corporation Its:.
Stephen Donley, City Manager
Approved as to Form:
City Attorney
956069v 1 80078/0012 2
B3(-
Its: